4.01 INTERPRETATION

(a) In their interpretation and application, the provisions of this comprehensive amendment shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(b) Where the conditions imposed by any provision of this comprehensive amendment upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this comprehensive amendment or by any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(c) This comprehensive amendment is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this comprehensive amendment are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this comprehensive amendment shall govern.

(d) No building, structure, or use which was not lawfully existing at the time of the adoption of this comprehensive amendment shall become or be made lawful solely by reason of the adoption of this comprehensive amendment; and to the extent that, and in any manner that, said unlawful building structure, or use is in conflict with the requirements of this comprehensive amendment, said building, structure, or use remains unlawful hereunder.

(e) Nothing contained in this Ordinance shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation, or activity.

(f) The provisions in this Ordinance are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in the City of Hickory Hills Ordinance.

4.02 SEPARABILITY

(a) It is hereby declared to be the intention of the Mayor and City Council of the City of Hickory Hills that the several provisions of this comprehensive amendment are separable, in accordance with the following:

1. If any court of competent jurisdiction shall adjudge any provision of this comprehensive amendment to be invalid, such judgment shall not affect any other provisions of this comprehensive amendment not specifically included in said judgment.

2. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this comprehensive amendment to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment.

4.03 SCOPE OF REGULATIONS

(a) All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this comprehensive amendment which are applicable to the zoning districts in which such buildings, uses, or land shall be located.

(b) However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this comprehensive amendment, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated–subject thereafter to the provisions of Article V, Non-Conforming Land, Buildings, and Uses.

(c) Where the Building Commissioner has issued a permissive use permit, a special use permit, or a permit for a variance pursuant to the provisions of this comprehensive amendment, such permit shall become null and void unless work thereon is substantially underway within six (6) months of the date of the issuance of such permit by the Building Commissioner.

(d) A Special Use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six (6) months for any reason. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this comprehensive amendment, except that side yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.

(e) No land which is located in a Residence District shall be used for driveway, walkway, or access purposes to any land which is located in a commercial or Industrial District, or used for any purpose not permitted in a Residence District.

4.04 REGULATIONS FOR SPECIFIC USES

(b) TRUCK TERMINALS – The following supplementary regulations shall apply to truck terminals, in addition to those regulations which apply to the I-1 Industrial District.

1. Minimum Transitional Yards – Where a truck terminal adjoins either a Residential District or a Commercial District, transitional yards (within which no off-street loading or unloading operation is permitted) shall be provided in accordance with the regulations hereinafter indicated. Transitional yards shall be unobstructed from the ground level to the sky. All accessory buildings which are attached to principal buildings shall comply with the yard requirements of the principal building.

In each truck terminal, the minimum transitional yard requirements for all structures, other than agricultural buildings and structures, shall not be less than those specified below:

4.05 BULK REGULATIONS

(a) CONTINUED CONFORMITY WITH BULK REGULATIONS – The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for other building.

(b) DIVISION OF LOTS – No improved lot shall hereafter be divided into two (2) or more lots unless all improved lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(c) LOCATION OF REQUIRED OPEN SPACE – All yards and other open spaces allocated to a building shall be located on the same lot as such building.

(d) YARD REGULATIONS

1. Required Yards-Existing Buildings – No yards now or hereafter provided for a building existing on the effective date of this comprehensive amendment shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this comprehensive amendment for equivalent new construction.

2. Projections into Required Yards – Certain architectural features may project into required yards as follows:

A. Cornices, canopies, eaves or other similar architectural features may project into required yards no more than two (2) feet.

B. Bay windows, balconies, fireplaces, fire escapes, and chimneys, may project three (3) feet, six (6) inches provided that such features do not occupy, in the aggregate, more than one-third (1/3) of the length of the building wall on which they are located.

3. Walls and Fences – Walls and fences are permitted in yards subject to visibility requirements of Section 4.06 and as regulated by ordinance.

4. Front Yards for Corner Lots – A front yard of the required depth shall be provided on one of the two frontages and a second front yard shall be provided on the other frontage, provided that in any R-zone, the second front yard need to be only fifty (50) percent of the required depth for front yards in that zone.

5. Required yard applies to One Building Only – No part of a yard, or other open space, or off-street parking or loading space required for or in connection with any building for the purpose of complying with this Ordinance, shall be included as part of a yard, open space, or off-street parking or loading, similarly required for any other building.

4.06 VISIBILITY AT INTERSECTION

On a corner lot in an R-1, R-2, R-3, R-4, R-5, or C-3 Zoning District, nothing shall be erected, placed, planted or allowed to grow in such a manner so as to materially impede vision between a height of two and a half (2-1/2) and ten (10) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lot and a line joining points along said street lines thirty (30) feet from the point of the intersection.

4.08 LANDSCAPING

Any use required by this ordinance to be landscaped in accordance with this section shall be contained within a fence or wall six (6) feet high, or a visual screen consisting of evergreen, or evergreen type hedges or shrubs, placed at intervals of not more than six (6) feet, located and maintained in good condition within five (5) feet of the property line.

4.09 OPEN STORAGE

(a) LANDSCAPING – All open storage shall be landscaped in accordance with Section 4.08.

(b) DEPOSIT OF WASTES – No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces. All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible by or otherwise be attractive to rodents, insects or animals shall be stored outdoors only in closed containers.

4.10 ACCESS TO SERVICE STATIONS, GARAGES AND PARKING AREAS

No automobile service station, public garage, or commercial parking area or garage for twenty-five (25) or more motor vehicles, shall have an entrance or exit for vehicles within two hundred (200) feet along the same side of a street on which is located a school, playground, place of worship, hospital, library, or institution for dependents or for children, except where such property is in another block or on another street on which the lots does not abut.

4.11 OFF-STREET PARKING REGULATIONS

(a) GENERAL REQUIREMENTS

1. In all Zoning Districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is erected, off-street parking spaces in accordance with the requirements set forth herein.

2. If the use of the building or structure erected on or after the effective date of this ordinance is changed to another use which required more off-street parking spaces than required for the original use, additional off-street parking spaces shall be provided in the amount necessary to conform to this section.

3. When the intensity or use of a building or structure existing before the effective date of this ordinance is increased by an additional or additions of employees, dwelling units, floor area, seating capacity, beds or other units of measurement specified below, off-street parking spaces shall be provided for such addition or additions as follows:

A. When such addition or additions increase, the intensity of use of such building or structure by more than 25 percent of the aggregate.

B. Off-street parking spaces for such additional or additions need not exceed the amount of off-street parking spaces which would be required for the entire building or structure as proposed if newly constructed.

C. The determination of the increase of intensity of use shall be based on the total increase in intensity of use of such building or structure which it undergoes on or after the effective date of this ordinance whether such total increase occurs at one time or in successive stages.

Parking spaces may be shortened by 2 feet with the approval of the Building Commissioner to allow for car overhang extending over a landscape area provided that such parking spaces must be bounded by a continuous concrete curb. All two-way parking aisles must be at least 24 feet in width. Dead end parking aisles of less than 26 feet in width and parking spaces where vehicles must back onto a public street are prohibited.

2. Access. An off-street parking space shall open directly upon an aisle or driveway. Any access to a parking lot or parking space must receive the approval of the Building Commissioner. No curb cut or driveway in excess of 30 feet is permitted. No access shall be provided through a residential zoning district or through a zoning lot other than owned by the parking lot owner (except by a permanent recorded easement). Access to off-street parking areas shall be limited to well-defined locations and shall not be unrestricted across the length of a street or alley which the parking lot abuts.

3. Surfacing. All new and existing parking areas shall be improved with a paved asphalt or concrete surface over a proper base. All construction shall meet the minimum standards for structural materials derived from the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction or shall be approved by the Building Commissioner. Parking spaces shall be clearly identified by painted markings at least 4” in width.

4. Drainage. All parking areas shall provide adequate drainage of water to a storm sewer system. Storm water retention or detention is prohibited in a parking lot if the water level for a 100-year rainfall intensity will exceed 6” in any part thereof.

5. Wheel Stops. Concrete or plastic bumpers shall be installed not less than 24” from any public sidewalk, private building, or landscaping where determined necessary by the Building Commissioner.

6. Lighting. Fixed lighting shall be required for all parking lots accommodating more than 10 vehicles. Illumination shall be arranged so as not to reflect directly into adjacent residential areas.

7. Use. No off-street parking lot shall be used for any purpose other than the temporary parking of motor vehicles related to the premises on the zoning lot. The storage of merchandise, vehicles and the sale and repair of vehicles is prohibited. Required off-street parking spaces shall be solely for the parking of motor vehicles of patrons, occupants and employees.

8. Handicapped Parking. Handicapped parking spaces shall be provided to meet the requirements of Illinois and Federal law or any code of the City.

9. Change in Use. Whenever the use on any zoning lot is changed to another use which requires a greater number of off-street parking spaces, such change is prohibited unless additional off-street parking is provided to conform to the minimum requirements.

10. Location. Required parking spaces shall be located on the same zoning lot as the use which they serve or within 300 feet of such use provided such off-lot parking spaces are located in the same or a less restrictive zoning district and are located on property which is under the same ownership as the use served or under a lease with a term of not less than 20 years. In the event that such spaces cease to be under such control or cease to be used, then the use on the zoning lot shall be terminated or reduced in conformity with the number of required parking spaces available.

11. Screening and landscaping. Any parking area containing 5 or more vehicles shall be screened on any side which abuts a residential use by a fence or hedge which conforms to Section 4.08.

12. Minimum Setback. No parking space shall be located within 2 feet of any lot line.

13. Front Yard. No parking space in an R-5 Multi-Family Residential District shall be located forward of the front building line and on corner lots, forward of the side building line abutting the street.

(c) NUMBER OF PARKING SPACES REQUIRED – The number of off-street parking spaces required shall be as set forth below. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three (3) spaces.

Schools,
Senior High School; professional business or technical school, studio for art, music, dancing or photography

1 for each 10 classroom seats

Junior High School

1 for each 15 classroom seats

Elementary School

1 for each 20 classroom seats

15.

Sports Arenas, Auditoriums Theaters, Assembly Halls

1 for each 3 seats

16.

Truck Terminals maximum shift

1 for each 2 employees in

17.

Wholesale establishments or warehouses

1 for each 2 employees in maximum shift; the total parking area shall not be less than 25 percent of the building floor area

In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Plan Commission shall apply.

(d) LOCATION – Off-street parking for uses in R-5 zone shall not be located between the front building line and street line. On corner lots, this restriction shall also apply to the space between the side street line and the side building line.

(e) OFF-SITE FACILITIES – All permitted and required accessory off-street parking spaces, open or enclosed, shall be located on the same lot as the use to which such spaces are accessory, except that such spaces may be provided elsewhere but shall be provided within a radius of no greater distance than 250 feet from that lot, and provided further, that required spaces are provided off the site in accordance with the provisions set forth herein and that such spaces shall be in the same ownership as the use which they are accessory and shall be subject to deed restrictions filed in an office of record, binding the owner and his heirs and/or assigns to maintain the required number of spaces available throughout the life of such use, and such spaces shall conform to all regulations of the district in which they are located.

4.12 OFF-STREET LOADING

(a) In all Zoning Districts, where the use requires off-street loading, there shall be provided and maintained, on the same lot with such building off-street loading berths in accordance with the requirements of the table following.

1. SIZE AND LOCATION – Each loading space shall be not less than twelve (12) feet in width, thirty-five (35) feet in length, and have a minimum vertical clearance of fourteen (14) feet, and may occupy all or any part of any required yard.

4.13 ADDITIONAL REGULATIONS FOR OFF-STREET PARKING AND LOADING AREAS

(a) JOINT FACILITIES FOR PARKING OR LOADING – Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space or portion thereof shall serve as a required space for more than one (1) use.

(b) DEVELOPMENT AND MAINTENANCE OF PARKING AND LOADING AREAS – Every parcel of land hereafter used as a public or private parking area for five (5) or more cars or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

1. Screening and Landscaping – Off-street parking area for five (5) or more vehicles and off-street loading areas shall be effectively screened by a fence or hedge as provided in Section 4.08 on the side or sides which adjoin or faces an R zone.

2. Minimum Distances and Setbacks – No off-street loading area or parking area or part thereof for five (5) or more vehicles shall be closer than ten (10) feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot, or two (2) feet from any lot line.

3. Surfacing – Any off-street parking of five (5) or more vehicles or off-street loading area shall be surfaced with a durable and dustless surface. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

4. Lighting – Lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises. Off-street parking facilities for multiple-family dwellings shall be adequately lighted.

5. Drainage – Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

4.14 SIGNS

4.15 FLOODPLAIN DISTRICTS

4.16 NOISE BUFFER ZONE

In order to protect the residents of the City of Hickory Hills from the nuisance and hazards resulting from excessive noise generated by high speed traffic, residential and institutional structures shall be discouraged within 500 feet of the center line of the Tri-State Tollway.

4.17 SPECIAL USES

(a) PURPOSE – The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two categories.

1. Uses publicly operated or traditionally affected with a public interest.

2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b) INITIATION OF SPECIAL USE – Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this ordinance in the zoning district in which the land is situated.

(c) APPLICATION FOR SPECIAL USE – An application for a special use or expansion of a special use shall be filed with the City Clerk. The application shall be accompanied by such plans and/or date and a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in Sections 4.17 (e).

(d) HEARING ON APPLICATION – Upon receipt in proper form of the application and statement referred to in Sec. 4.17(c) the City Council shall refer the application to some board or committee (Zoning Board of Appeals or Plan Commission) who shall hold a public hearing under provision of Article VII of this ordinance.

(e) STANDARDS – No special use shall be recommended by the Zoning Board of Appeals or Plan Commission unless said Board shall find:

1. That the establishment, maintenance, or operation of the special use will not be detrimental or endanger the public health, safety, morals, comfort, or general welfare.

2. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

3. That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

4. That adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided.

5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

6. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendation of the Zoning Board of Appeals or Plan Commission.

(f) CONDITIONS AND GUARANTEES – Prior to the granting of any special use, the Zoning Board of Appeals or Plan Commission may recommend and the City Council stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Sec. 4.17(e). In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

(g) REVOCATION – In any case when a special use has not been established within a year after date of granting thereof, then without further action by the Board, the special use authorization shall be null and void.

(h) EFFECT OF DENIAL OF SPECIAL USE – No application for a special use which has been wholly or in part denied shall be resubmitted for a period of one year from the date of said order of denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Board.

(i) EXISTING SPECIAL USES

1. Where a use is classified as a special use and exists as a special use or permitted use prior to the adoption of this comprehensive revised ordinance, then it shall be a legal special use under this ordinance.

2. Where a use is not allowed as a special or permitted use and exists as a special use prior to this ordinance, then it shall become a non-conforming use and subject to the applicable non-conforming use provisions of this ordinance.

(j) PLANNED UNIT DEVELOPMENT – Planned Unit Developments are of such substantially different character from other special uses that specific additional standards and exceptions are hereby established to govern the recommendations of Zoning Board of Appeals and the action of the Board of Commissioners.

1. Statement of Objectives – The intent is to permit greater flexibility for the purpose of securing better site planning than would be possible through a strict application of the zoning ordinance and the subdivision regulations ordinance, while safeguarding the present or future use and development of surrounding areas, and specifically to provide for:

A. An opportunity for new and creative approaches to the living environment and for ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers;

B. An economic and efficient use of land;

C. Permanent provision of common open space and recreation area and facilities;

D. The preservation of natural features, thus enhancing the appearance of the neighborhood and serving a conservational purpose;

E. An improved level of amenities;

F. Maximum choice in the types of environment and housing available.

2. Review Procedure – The Plan Commission of the City of Hickory Hills is hereby designated by the corporate authorities to review Planned Unit Developments as a special use in accordance with Chapter 24, Illinois State Statutes, 1967, ¶11-13-1.1.

3. Application of Residential Planned Unit Development – The site of the Residential Planned Unit Development shall consist of not less than two (2) contiguous acres with no major internal barriers. This requirement may be waived if none or more of the following conditions exist:

A. If, because of unusual physical features of the site itself or of the neighborhood in which it is located, a waiver is necessary or appropriate in order to conserve a physical or topographical feature of importance to the municipality;

B. The site or its neighborhood has a historical character of importance to the community which will be protected by a Planned Unit Development.

4. Permitted Uses – A Planned Unit Development may be built in the R-3, R-4, R-5 or C-2 Districts and may include but shall not be limited to the following uses:

B. Non-residential uses of a religious, cultural, recreational and commercial character which are primarily for the service and convenience of the residents of the development provided that commercial development does not exceed thirty (30) square feet of gross floor area under roof per dwelling unit in the development. Commercial uses shall be limited to those permitted in the C-1 and C-2 zoning districts as listed in Article VI of the Zoning Ordinance. If land zoned commercial is included in the Planned Unit Development, the restrictions of the commercial zone shall apply. However, the location of the commercial development may be shifted within the project site if approved in the development plan and provided that the size remains unchanged.

5. Standards – A plan for a Residential Planned Unit Development shall be reviewed by the Plan Commission for conformity with the intent and the spirit of the Comprehensive Plan of the City of Hickory Hills; with Statement of Objectives for Residential Planned Unit Development of this section and for conformity with the provisions of other sections of this ordinance and the subdivision ordinance not superseded by the standards set out in this section. A plan meeting those initial requirements shall qualify for tentative approval. The Plan Commission shall not revise or add to the rules and regulations applicable to a specific Proposed Residential Planned Unit Development after an application has been filed by the Landowner. A plan shall be consistent with the following general standards:

A. Ownership – The site of a Residential Planned Unit Development shall be under single ownership or control at the time of approval of the final development plan. A binding purchase agreement for the entire site at the time of submittal of the final development plan shall satisfy the requirements of this section.

B. Housing Types – The plan may include a variety of housing types.

C. Maximum ground coverage – The total ground area occupied by buildings and structures shall be regulated by the rules and practice of the Plan Commission who will evaluate the overall plan of each application submitted under the provision of this ordinance.

D. Architectural Style – The architectural style of a proposed building shall not alone be sufficient cause for denial of approval.

E. Density – Any plan which does not propose to increase the number of dwelling units per acre allowed under existing provisions of this ordinance shall qualify for approval with respect to density of use. For the purpose of this paragraph, density shall be computed by dividing the gross project area by the required lot area per dwelling unit after the amount required for streets is first deducted. If the land is not entirely within a single zone, the number of units permitted must be calculated separately for each zone and totaled to determine the total number of dwelling units allowable in the Planned Unit Development. If development is to take place in stages, the Plan Commission may require that the lower density stages be developed first.

F. Lot and Yard Requirements – The Plan Commission may modify requirements for yard, setback, lot size, frontage and space between buildings for development within the Planned Unit Development, provided that the spirit and intent of the Planned Unit Development Statement of Objectives are complied with and that reasonable visual and acoustical privacy is provided for. The Plan Commission may determine that certain setbacks, frontage requirements, and types of dwellings be required within all or a portion of the perimeter of the site in order to provide reasonable conformance with adjacent development. The Plan Commission may require that structures located on the perimeter of the Planned Unit Development be well screened in a manner that is approved by the Commission in order to provide reasonable privacy for adjacent uses.

G. Common Open Space – The Plan Commission shall consider the amount, shape and location of open space and proposed improvements in terms of usability, access, and the topography of the site. Open space with natural features worthy of preservation may be left unimproved. Common open space shall be provided in an amount equal to the amount saved by decreased lot size immediately adjacent to the lot so decreased.

H. Ownership and Maintenance of Open Space –

(1) All land shown on the final development plan as common space must be conveyed under one of the following options.

a. It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been place on it.

b. It may be conveyed in accordance with provisions of the final development plan. The means of ownership and maintenance of the common open space must be approved by the Plan Commission and must restrict the common open space to the uses specified on the final development plan and provide for maintenance in a manner which assures its continuing use for its intended purpose.

(2) If the common open space is not conveyed to a public agency, one of the following methods of enforcement must be provided.

a. The legal right to develop the common open space for the uses not specified in the final development plan must be conveyed to a public agency.

b. In the event of a substantial default in the stated conditions of the restrictions governing the use, improvement, and maintenance of the common open space, the fee title to the common open space shall be vested in a public agency.

(3) No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit the use in accordance with Sub-section (j)6, Procedure. However, no change of use authorized under Sub-section (j)6 may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under Sub-section (j)6, are expressly reserved.

I. Minimum Area of Open Space – A minimum of twenty-five (25) percent of planned development group site area shall be developed as public open space, including walkways, plazas, landscaped areas, pools and fountains. Parking areas and vehicle access facilities shall not be considered in calculating public open space.

J. Parking and Loading Design Standards –

(1) Off-street parking may be located anywhere within the Planned Unit Development, provided that in each case the Plan Commission shall find that such off-street parking spaces will be conveniently located. No less than two (2) parking spaces shall be provided per single family dwelling unit, and per multi-family unit.

(2) Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars.

(3) Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.

(4) There shall be an adequate amount, in a suitable location, of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.

(5) Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(6) Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

(7) The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.

(8) The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes.

(9) Materials and design of paving, lighting fixtures, retaining walls, fences, curbs benches, etc., shall be of good appearance, easily maintained and indicative of their function.

L. Design Standards –

(1) All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.

(2) Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

(3) Treatment of the sides and rear of all buildings within the Planned Development group shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.

(4) The design of buildings and the parking facilities shall take advantage of the topography of the project site where appropriate, to provide separate levels of access.

(5) All building walls shall be so oriented as to insure adequate light and air exposures to the rooms within.

(6) All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

(7) All buildings shall be arranged so as to be accessible to emergency vehicles.

M. Landscape Design Standards –

(1) Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(2) Primary landscape treatment shall consist of shrubs, ground cover and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the City’s environment.

(4) All streets bordering the project area shall be planted at appropriate intervals with street trees.

N. Subdivision Requirements –

(1) Because each Residential Planned Unit Development proposal is unique, specifications for (1) the width and surfacing of streets and highways, (2) alleys, (3) ways for public utilities, curbs and gutters, (4) sidewalks, (5) street lights, (6) public parks and playgrounds, (7) school grounds, (8) storm water drainage, (9) water supply and distribution, (10) sanitary sewers and sewage collection and treatment, shall be subject to modifications from the provisions of the subdivision regulations. The Plan Commission shall waive or modify within the limits specified in this section those other provisions for public facilities which are not considered necessary in the interest of the residents of the Planned Development, the rest of the community and the public.

(2) There shall be adequate design of grades, paving, gutters, drainage and treatment of turf, to handle storm waters, prevent erosion and formation of dust.

(3) Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.

O. Coordination with Subdivision Regulations –

(1) In order to facilitate the procedure for the approval of a proposed plan, review required under this section of the zoning ordinance may be carried out simultaneously with the review under the subdivision ordinance.

(2) The plan required in Sub-section (j)6, Procedure may be submitted in a form that will satisfy the requirements of the subdivision ordinance for the preliminary and final plans required under the two ordinances.

6. Procedure

A. Preapplication Conference – The applicant may request a preapplication conference or conferences with the Plan Commission to obtain information and guidance before entering into binding agreements or preparing detailed plans. The Plan Commission may also request a preapplication conference if it is deemed necessary.

B. Preliminary Development Plan – The applicant shall file a preliminary development plan with the Plan Commission for review and recommendation or, at his option, may file the final development plan. In the event that a zoning change is required, it may be filed simultaneously and in accordance with the procedures of Article VII of this zoning ordinance. Information submitted as part of the preliminary development plan shall include at least the following:

(1) Site plans showing:

a. Size and location of the proposed development in relation to the surrounding areas.

b. Existing topography of the land including significant natural features.

f. Location of land devoted to common open space, indicating preservation of natural features where applicable and proposed improvements.

g. Location of any other land devoted to public uses, such as school sites.

(2) Architectural sketches to include building plans.

(3) Statement of the proposed character of the development.

(4) Agreements, provisions and covenants which govern the use, maintenance and continued protection of the Planned Unit Development.

(5) Present and future ownership of land.

(6) Proposed financing of the development.

(7) Proposed time schedule of development, including open space and density proposed for each stage, if development is in stages.

(8) Any additional information appropriate for review purposes requested by the Plan Commission.

(9) Filing fee in the amount of $500 to be used to defray administrative cost and the cost of the public hearing.

The Plan Commission may reserve the right to request comments from other departments of the municipal government as deemed necessary.

C. Public Hearing – A public hearing shall be held before the Plan Commission within 30 days of the date of submittal. The staff report must be publicly available at least 5 working days before the date of the hearing. Notice of the time and place of the hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers published in the City or, if no newspaper is published therein, then in at least one newspaper with a general circulation within the City. This notice shall contain the approximate location of the proposed development.

D. Commission Action – The Plan Commission shall submit its recommendations to the legislative body within 10 days of the hearing for ratification.

E. Final Development Plan –

(1) Within 6 months the applicant shall submit the final development plan to the Plan Commission. In its discretion and for good cause, the Plan Commission may extend for six months the period for filing the final development plan. The final plan shall consist of at least the following:

a. Maps as required for the preliminary development plan, indicating exact locations and time schedule.

b. Architectural plans shall be submitted in sufficient detail to show the basic building lay-out, the number of units per building and the number of bedrooms per dwelling unit. Landscaping plans shall also be submitted.

(2) The final plan shall be in substantial agreement with the preliminary plan as approved or modified by the Plan Commission. The final plan may be submitted in stages in accordance with the time schedule of the preliminary development plan.

(3) The Plan Commission shall approve, modify, or disapprove the final development plan in writing with a copy to the applicant within 60 days of submittal.

(4) The zoning map shall be modified to indicate the Planned Unit Development. The final development plan shall be recorded in the manner of recording plats of subdivisions.

F. Development Schedule –

(1) If no construction has begun within one year from date of approval of the final development plan, the final development plan shall no longer be in effect. In its discretion and for good cause, the Plan Commission may extend for up to one additional year the period for beginning construction.

(2) The Plan Commission may revoke the final development plan if construction falls behind the filed time schedule. In its discretion and for good cause, the Plan Commission may extend the final schedule for one additional year.

(3) If the final development plan lapses or is revoked as provided above, any zoning changes that may have been granted shall also be revoked.

G. Building Permits – Building permits shall be issued for buildings and structures in conformity with the approved final development plan provided that common open space has been conveyed as provided in the final development plan. Open space improvements scheduled for any previous stage must not be behind the filed schedule as revised.

H. Compliance with Final Development Plan – The planned Unit Development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and supporting data together with all recorded amendments shall be binding on the applicants, their successors, and assigns. The Plan shall control the use of premises and location of structures in the Planned Development as set forth therein. The Plan Commission may approve minor changes in the final development plan. Minor changes are those which do not change the concept or intent of the Development and which do not include increases in density, height of buildings, reduction of proposed open space or proposed improvements, changes in the final governing agreements, provisions, or covenants. Major changes may be approved only by submission of a new development plan in accordance with this section. All changes to the final plan shall be recorded on the recorded plan or a new “corrected” plan shall be filed.

No changes in the development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures, and improvements within the area of the Planned Development, and all rights to enforce these covenants against any changes permitted by this section are expressly reserved.

I. Subdivision and Re-Sale – A Planned Development may be subdivided or resubdivided for purposes of sale or lease. If the subdivision or resubdivision of a Planned Development will create a new plot line, the applicant shall make application to the Plan Commission for the approval of the subdivision or resubdivision. The Plan Commission shall approve the subdivision or resubdivision if each section of the subdivided or resubdivided Planned Development meets the provisions of Section 4.17(j)(5)(E) and (G) of this ordinance, governing density, and common open space. All sections of a subdivided or resubdivided Planned Development are to be controlled by the final development plan rather than by the provisions of the zoning ordinance that would otherwise be applicable. The provisions of Section 4.17(h), governing changes in the final development plan will apply. The owners of a resubdivided Planned Development may jointly make application for a conditional use or for an amendment to the final development plan.

4.18 ADULT USES

(a) DEFINITIONS – When used in this section, the following terms shall have the meanings herein ascribed to them:

1. Adult Bookstore – An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for rent, sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

2. Adult Entertainment Cabaret – A public or private establishment which (i) features topless dancers, strippers, male or female impersonators; (ii) not infrequently features entertainers who display “specified anatomical areas”; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron; or (iv) entertainers who engage in or are engaged in explicit simulation of “specified sexual activities.”

3. Adult Motion Picture Theater – A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.